3.4.0/3.5.1 Matrix Server Third-Party Licenses

11. TRADEMARKS AND LOGOS. You acknowledge and agree as between you and Sun that Sun owns

the SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET trademarks and all SUN, SOLARIS, JAVA,

JINI, FORTE, and iPLANET-related trademarks, service marks, logos and other brand designations

(“Sun Marks”), and you agree to comply with the Sun Trademark and Logo Usage Requirements

currently located at http://www.sun.com/policies/trademarks. Any use you make of the Sun Marks

inures to Sun’s benefit.

12. U.S. GOVERNMENT RESTRICTED RIGHTS. If Software is being acquired by or on behalf of the

U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the

Government’s rights in Software and accompanying documentation will be only as set forth in this

Agreement; this is in accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of

Defense (DOD) acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).

13. GOVERNING LAW. Any action related to this Agreement will be governed by California law and

controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.

14. SEVERABILITY. If any provision of this Agreement is held to be unenforceable, this Agreement will

remain in effect with the provision omitted, unless omission would frustrate the intent of the parties,

in which case this Agreement will immediately terminate.

15. INTEGRATION. This Agreement is the entire agreement between you and Sun relating to its

subject matter. It supersedes all prior or contemporaneous oral or written communications,

proposals, representations and warranties and prevails over any conflicting or additional terms of

any quote, order, acknowledgment, or other communication between the parties relating to its

subject matter during the term of this Agreement. No modification of this Agreement will be binding,

unless in writing and signed by an authorized representative of each party.

SUPPLEMENTAL LICENSE TERMS

These Supplemental License Terms add to or modify the terms of the Binary Code License Agreement.

Capitalized terms not defined in these Supplemental Terms shall have the same meanings ascribed to

them in the Binary Code License Agreement . These Supplemental Terms shall supersede any

inconsistent or conflicting terms in the Binary Code License Agreement, or in any license contained

within the Software.

1. Software Internal Use and Development License Grant. Subject to the terms and conditions of this

Agreement, including, but not limited to the Java Technology Restrictions of these Supplemental

Terms, Sun grants you a non-exclusive, non-transferable, limited license without fees to reproduce

internally and use internally the Software complete and unmodified for the purpose of designing,

developing, and testing your Programs.

2. License to Distribute Software. Subject to the terms and conditions of this Agreement, including, but

not limited to the Java Technology Restrictions of these Supplemental Terms, Sun grants you a non-

exclusive, non-transferable, limited license without fees to reproduce and distribute the Software,

provided that (i) you distribute the Software complete and unmodified (unless otherwise specified in

the applicable README file) and only bundled as part of, and for the sole purpose of running, your

Programs, (ii) the Programs add significant and primary functionality to the Software, (iii) you do not

distribute additional software intended to replace any component(s) of the Software (unless

otherwise specified in the applicable README file), (iv) you do not remove or alter any proprietary

legends or notices contained in the Software, (v) you only distribute the Software subject to a license

agreement that protects Sun’s interests consistent with the terms contained in this Agreement, and

(vi) you agree to defend and indemnify Sun and its licensors from and against any damages, costs,